Unless alternative freight terms are agreed to in writing, all transportation charges shall be FOB Destination (University’s Facility), shipped Freight Prepaid and Allowed and material delivered to the location specified. When merchandise is sold FOB Origin goods shall be shipped Freight Prepaid and Charged. Shipping charges shall be included on the Vendor’s invoice and the original freight/shipping bill attached thereto.
Except as may be caused by an excusable Force Majeure event, if shipments are delayed or unable to be made within the agreed-upon time for delivery, the University shall have the right, but not the obligation, to terminate any such delayed order without prejudice or penalty to the University. Quantities in excess of the University’s order may be returned or held subject to Vendor’s order, expense and risk.
Vendor’s acceptance of the University’s order constitutes Vendor’s warranty that shipments under the University’s order shall be in full conformity with the specification, drawing, or sample provided by the University or Vendor’s specification, drawing, or sample for the ordered product(s), as indicated in the order, and shall be free from defects in materials and workmanship under normal use and service. Vendor shall repair or replace, to the University’s reasonable satisfaction, any shipments that violate this warranty within twelve (12) months from the date of delivery. Vendor shall carry all risk of loss or damage until University has accepted the order. Orders shall be deemed accepted if University has not rejected shipments within thirty (30) days of delivery. Vendor’s warranty shall survive acceptance of shipments. Vendor shall be solely responsible for its inspection costs of rejected shipments.
Except as otherwise agreed in a writing signed by a University representative, Vendor shall not fill any order at a price higher than Vendor’s last charged or quoted price(s) provided to the University.
The State of Maine has adopted laws requiring the reduction of waste prior to recycling or disposal. Vendors providing goods and services to the University are requested to not use Styrofoam packing materials and that packing boxes and materials be readily recyclable in Maine.
All rejected goods will be at the Vendor’s risk and expense subject to Vendor’s prompt advice as to disposition. Unless otherwise arranged all rejected goods will be returned and charged back including all transportation and handling costs.
In performing its obligations under the order, the Vendor shall not discriminate on the basis of race, color, religion, sex, sexual orientation, transgender status or gender expression, national origin or citizenship status, age, disability, genetic information, or veteran status and shall provide reasonable accommodations to qualified individuals with disabilities upon request. The University encourages the employment of qualified individuals with disabilities.
Smoking Policy: The University must comply with the “Workplace Smoking Act of 1985″ and M.R.S.A. title 22, § 1541 et seq “Smoking Prohibited in Public Places.” In compliance with this law, the University has prohibited smoking in all University System buildings except in designated smoking areas. This rule must also apply to all contractors and workers in existing University System buildings. Vendors shall be responsible for the implementation and enforcement of this requirement within existing buildings.
Several campuses within the University System are tobacco free campuses. In these instances, the use of tobacco and all smoking products is not permitted on any University owned property, which includes but is not limited to buildings, university grounds, parking areas, walkways, recreational and sporting facilities, and University owned vehicles. Should Vendor provide any services on a University campus, the Vendor will comply with all applicable campus smoking policies and it will be the responsibility of the Vendor to determine which policies apply.
Vendor represents and warrants that the products, systems and services provided will not be adversely affected by the change of any date or of any calendar year and they will not abnormally terminate their function or provide or cause invalid results due to incompatibility with the calendar year. Vendor shall indemnify and hold the University harmless from and against any and all claims, actions, losses and costs, in any way related to the failure of the products, systems or services to conform with the above warranties.
Net 30 unless otherwise negotiated.
Invoices MUST be billed to and reference the “University of Maine System.”
By acceptance of the University’s Purchase Order, the Vendor certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible or agency. Vendor, in its own name and at its sole expense, shall procure and maintain any license, certification, or authorization required by applicable law or governing authority for shipment or delivery of the Products, including without limitation as required under the Export Administration Act of 1979 (50 U.S.C. §§ 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. §§ 768-799), the International Traffic in Arms Regulations (22 C.F.R. §§ 120-128 and 130), and the Foreign Corrupt Practices Act and their successor and supplemental laws and regulations.